PROSECUTION OF OFFENSESRULE 110

Section 1. Institution of Criminal ActionAn affidavit/complaint may be filed:

1. After the barangay proceeding has been terminated and there is no amicable settlement reached by the parties; or

2. The inquest proceedings were conducted and the person arrested was released for further proceedings by the assigned inquest prosecutor;

3. After the implementation of the search warrant by complainant/officer

With:1. Requires Preliminary Investigation

a. Proper Officer for the purpose of PI2. For all other offenses not requiring preliminary investigation

a. Municipal Trial Court and Municipal Circuit Trial Courti. Complaint or information

b. Office of the Prosecutori. Complaintii. Manilaiii. Other chartered cities

1. Unless otherwise provided in their charters3. Exception:

a. Does not apply to offenses which fall under Summary Procedure 4. In case of conflict, Rule of Summary Procedure as a special law PREVAILS

over Section 1, Rule 110.

Section 2, 3, 4. Complaint and InformationThe nature of the “complaint” in Rule 110 refers to one that is filed in court to commence a criminal action in those cases where a complaint of the offended party is required by law, instead of an information which is generally filed by a fiscal/prosecutor. It is not necessary that the proper offended party file a complaint for purposes of preliminary investigation by the prosecutor. The rule is that unless the offense subject of the complaint is one that cannot be prosecuted de oficio, any competent person may file a complaint for preliminary investigation.

Complaint: Sworn written statement Charging a person with an offense Subscribed by

o the OFFENDED PARTYo any PEACE OFFICERo or PUBLIC OFFICER

Information Accusation in writing charging a person with an offense

o Subscribed by the PROSECUTOR Filed in the court

Procedure in filing a complaint for Preliminary Investigation1. Found in Section 3, Rule 112

a. Address of respondentb. Affidavits of Complaint and his witnessesc. Documents to establish probable caused. # copies = # of respondents + 2 copies for official filee. Subscribed and sworn to before any prosecutor or government official

Section 5: Who must prosecute criminal actions1. All criminal actions commenced by a complaint or information shall be

prosecuted a. Under the direction and control of the prosecutor

i. Exceptions: the private prosecutor may be authorized to prosecute heavy work schedule of the public prosecutor or in the event of lack of public prosecutors

b. In writing c. By the Chief of the Prosecution Officer or the Regional State Prosecutor d. Subject to the approval of the courte. Once so authorized to prosecute the criminal action:

i. The private prosecutor shall continue to prosecute the case up to end of the trial

ii. Even in the absence of a public prosecutor Exception: unless the authority is revoked or otherwise

withdrawn

2. Crimes against chastity should be prosecuted by the OFFENDED SPOUSEa. Sworn statement – jurisdictional mandateb. For the crime of Adultery and Concubinage

i. Including both guilty parties if both aliveii. Except:

o If offended spouse pardoned or consented 3. Crimes of Seduction, Abductions, Acts of Lasciviousness

c. Prosecuted byi. Offended Partyii. Parentsiii. Grandparentsiv. Guardianv. State

In the absence of any other relatived. If offended part is a MINOR, can be prosecuted by:

i. Offended minor Unless incompetent or incapable of doing so

ii. If offended minor fails to file a complaint, must be exercised successively by:

Parents Grandparents Guardian

4. Crime of Defamatione. By the offended party only

5. Violation of Special Lawsf. Governed by its provisions therein

6. The institution of a criminal action shall interrupt the running of the period of prescription

a. Except: otherwise provided in special laws

Section 6. Sufficiency of complaint or information [Na D C Na D P more]1. Name of the Accused2. Designation of the Offense3. Cause of Accusation4. Name of Offended Party5. Place of Commission of the Offense6. Date of the Commission of the Offense

Section 7. Name of the accused1. If name cannot be ascertained

i. he must be described under a fictitious name, ii. with a statement that his true name is unknowniii. If the true name is thereafter disclosed by him or appears in some other

manner to the court Such shall be inserted in the complaint or information and record

2. Any appellation or nickname by which he has been or is known

Section 8. Designation of the Offense1. Shall state the designation of the offense given by the statute

a. If there is no designation, reference shall be made to the section or subsection of the statue punishing it

2. Aver the acts or omissions constituting the offense3. Specify its qualifying and aggravating circumstance

Section 9. Cause of the Accusation1. State the acts or omissions complained of as constituting the offense2. The qualifying and aggravating circumstances

a. Stated in ordinary and concise languagei. Not necessarily in the language used in the statutesii. to enable a person of common understanding to know what

offense is being charged as well as its qualifying and aggravating circumstance and for the court to pronounce judgment

Section 10. Place of the Commission of the OffenseSufficient if it can be understood from its allegations:

1. The offense was committed; 2. Or some of its essential ingredients occurred at some place within the

jurisdiction of the courta. Unless the particular place where it was committed constitutes an

essential element of the offense charged or is necessary for its identification

Section 11. Date of the Commission of the Offense1. Not necessary to state the precise date the offense was committed

a. Exception: when it is material ingredient of the offense2. The offense may be alleged to have been committed on a date as near as

possible to the actual date of its commission

Section 12: Name of Offended Party1. Must state the name and surname of the person, or

a. Against whom or against whose property the offense was committed2. If the name of the offended party is unknown:

a. The property must be described with such particularity as to properly identify the offense charged

3. Any appellation or nickname by which such person has been or is known4. If there is no better way of identifying him, he must be under a fictitious

namea. If the true name is disclosed or ascertained,b. the court must cause such true name to be inserted in the complaint or

information and the record5. If the offended party is a juridical person

a. It is sufficient to state its name, orb. Any name or designation by which it is known or by which it may be

identified, without need of averring that it is a juridical person or that it is organized in accordance with law

Section 13. Duplicity of Offenses1. Must charge only one offense

a. Exception: when the law prescribe a single punishment for various offenses

Section 14. Amendment of complaint or informationAny complaint may be amended:

1. Before the accused enters his pleaa. In form or in substanceb. At any time before the accused enters his plea

2. After the plea and during triala. May be made with leave of courtb. Without causing prejudice to rights of the accused

3. When amendment downgrades the nature of the offense charged in OR excludes any accused

a. Can only be made upon motion by the prosecutori. With notice to the offended party ii. With leave of courtiii. The court shall state its reasons in resolving the motion and

copies of its order shall be furnished all parties, especially the offended party

4. At any time before the judgment, a mistake has been made in charging the proper offense

a. Court shall dismiss original complaintb. File a new one charging the proper offense in accordance with Section

19, Rule 199c. Accused should not be placed in double jeopardy (1987 Const., Article

III, §21)

d. The court may require the witnesses to give bail for their appearance at the trial

Section 15. Venue of Criminal Actions for the Purpose of Preliminary Investigation Purpose: Balance of convenience by the courts.

1. General Rule: Criminal action shall be instituted and tried in the court of the municipality or province:

a. Where the crime was committed orb. Any one of its essential ingredients took placec. Exceptions:

i. Committed in a train, aircraft or other public or private vehicle in the course of its trip

1. In the court of any municipality or territory where said vehicle passed during the trip

2. including the place of departure and arrivalii. Committed on board a vessel in the course of its voyage

1. In the court of the first port of entry or 2. Any municipality or territory where the vessel passed during

such voyage, 3. Subject to the generally accepted principles of international

lawiii. Felonies punishable by Art. 2 of the RPC

Offense committed in an airship or Philippine ship Should forge or counterfeit any coin or currency note of the

Philippines Islands or obligations and securities issued by the Govt.

Should be liable for acts connection with the introduction of such obligations and securities mentioned in preceding number

While being public officers or employees, should commit an offense in the exercise of their functions

Should commit any of the crimes against national security and law of the nations.

2. For Transitory Offenses:a. Determined by the place where elements of making, issuing or drawing of

a check and delivery are committed. (People v. Yabut) The delivery of the instrument is the final act essential to its consummation as an obligation. (Santiago v. CA)

Section 16. Intervention of offended party in criminal action Where Civil action for recovery of civil liability is instituted in the criminal action pursuant to Rule 111, the offended party intervene by counsel in the prosecution of the offense.

PROSECUTION OF CIVIL ACTIONRULE 111

Section 1. Institution of criminal and civil actions . General Rule: When a criminal action is instituted, the civil action for the recovery of civil liability arising from the offense charged shall be deemed instituted with the criminal action.

EXCEPTION: If the offended party waives the civil action, reserves the right to institute it separately or institutes the civil action prior to the criminal action.

The reservation of the right to institute separately the civil action shall be made: Before the prosecution starts presenting its evidence and; Under circumstances affording the offended party a reasonable opportunity

to make such reservation.  Damages:

If by way of moral, nominal, temperate, or exemplary damages without specifying the amount thereof in the complaint or information:

o The filing fees therefore shall constitute a first lien on the judgment awarding such damages.

If the amount of damages, other than actual, is specified in the complaint or information:

o The corresponding filing fees shall be paid by the offended party upon the filing thereof in court.

 No filing fees shall be required for actual damages. EXCEPTION: as otherwise provided in these Rules

   No counterclaim, cross-claim or third-party complaint may be filed by the accused in the criminal case, but any cause of action which could have been the subject thereof may be litigated in a separate civil action.   General Rule: The criminal action for violation of Batas Pambansa Blg. 22 shall be deemed to include the corresponding civil action.

No reservation to file such civil action separately shall be allowed.

Upon filing of the aforesaid joint criminal and civil actions, the offended party shall pay in full the filing fees based on the amount of the check involved, which shall be considered as the actual damages claimed.

Where the complaint or information also seeks to recover liquidated, moral, nominal, temperate or exemplary damages:

Offended party shall pay additional filing fees based on the amounts alleged therein.

If the amounts are not so alleged but any of these damages are subsequently awarded by the court, the filing fees based on the amount awarded shall constitute a first lien on the judgment.

   Where the civil action has been filed separately and trial thereof has not yet commenced, it may be consolidated with the criminal action upon application with

the court trying the latter case. If the application is granted, the trial of both actions shall proceed in accordance with section 2 of this Rule governing consolidation of the civil and criminal actions.

Section 2. When separate civil action is suspended . General Rule: After the criminal action has been commenced, the separate civil action arising therefrom cannot be instituted until final judgment has been entered in the criminal action.

If the criminal action is filed after the said civil action has already been instituted, the latter shall be suspended in whatever state it may be found before judgment on the merits.

o The suspension shall last until final judgment is rendered in the criminal action.

Nevertheless, before judgment on the merits rendered in the civil action, the same may, upon motion of the offended party, be consolidated with the criminal action in the court trying the criminal action.

o In case of consolidation, the evidence already adduced in the civil action shall be deemed automatically reproduced in the criminal action without prejudice to the right of the prosecution to cross-examine the witness presented by the offended party in the criminal case and of the parties to present additional evidence.

The consolidated criminal and civil actions shall be tried and decided jointly.

General Rule: During the pendency of the criminal action, the running period of prescription of the civil action which cannot be instituted separately or whose proceeding has been suspended shall be tolled.

General Rule: The extinction of the penal action does not carry with it extinction of the civil action.

EXCEPTION: The civil action based on delict shall be deemed extinguished if there is a finding in a final judgment in the criminal action that the act or omission from which the civil liability may arise did not exist.

Section 3. When civil action may proceed independently. General Rule: Civil action cannot proceed independently.

EXCEPTION: In cases provided in Articles 32, 33, 34 and 2176 of the Civil Code of the Philippines.

o It shall proceed independently of the criminal action and shall require only a preponderance of evidence.

o In no case, however, may the offended party recover damages twice for the same act or omission charged in the criminal action.

Section 4. Effect of death on civil actions . General Rule: The death of the accused after arraignment and during the pendency of the criminal action shall extinguish the civil liability arising from the delict.

EXCEPTION: Independent civil action instituted under section 3 or which thereafter is instituted to enforce liability arising from other sources of obligation

o May be continued against the estate

o Or legal representative of the accused after proper substitution or against said estate, as the case may be.

o The heirs of the accused may be substituted for the deceased without requiring the appointment of an executor or administrator and the court may appoint a guardian ad litem for the minor heirs.

o The court shall forthwith order said legal representative or representatives to appear and be substituted within a period of thirty (30) days from notice.

 A final judgment entered in favor of the offended party shall be enforced in the manner especially provided in these rules for prosecuting claims against the estate of the deceased.

General Rule: If the accused dies before arraignment, the case shall be dismissed without prejudice to any civil action the offended party may file against the estate of the deceased.

Section. 5. Judgment in civil action not a bar. A final judgment rendered in a civil action absolving the defendant from civil liability is not a bar to a criminal action against the defendant for the same act or omission subject of the civil action.

Section 6. Suspension by reason of prejudicial question . A petition for suspension of the criminal action based upon the pendency of a prejudicial question in a civil action may be filed

In the office of the prosecutor Or the court conducting the preliminary investigation.

o The petition to suspend shall be filed in the same criminal action at any time before the prosecution rests.

Section 7. Elements of prejudicial question . The elements of a prejudicial questions are:

Previously instituted civil action involves an issue similar or intimately related to the issue raised in the subsequent criminal action,

The resolution of such issue determines whether or not the criminal action may proceed.

PRELIMINARY INVESTIGAITONRule 112

Section 1. Preliminary investigation defined; when required. Definition: Preliminary investigation is an inquiry or proceeding to determine whether there is sufficient ground to engender a well-founded belief that a crime has been committed and the respondent is probably guilty thereof, and should be held for trial.

General Rule: A preliminary investigation is required to be conducted before the filing of a compliant or information for an offense where the penalty prescribed by law is at least four 4Y, 2M, 1D without regard to the fine.

EXCEPTION: Section 7

Section 2. Officers authorized to conduct preliminary investigations . The following may conduct preliminary investigations:

Provincial or City Prosecutors and their assistants; Judges of the Municipal Trial Courts and Municipal Circuit Trial Courts; National and Regional State Prosecutors; and Other officers as may be authorized by law.

Their authority to conduct preliminary investigations shall include all crimes cognizable by the proper court in their respective territorial jurisdictions.

Section. 3. Procedure.The preliminary investigation shall be conducted in the following manner:

1. The complaint shall state the address of the respondent and shall be accompanied by the affidavits of the complainant and his witnesses, as well as other supporting documents to establish probable cause.

a. They shall be in such number of copies as there are respondents, plus two (2) copies for the official file.

b. The affidavits shall be subscribed and sworn to before any prosecutor or government official authorized to administer oath, or, in their absence or unavailability, before a notary public, each of whom must certify that he personally examined the affiants and that he is satisfied that they voluntarily executed and understood their affidavits.

2. Within ten (10) days after the filing of the complaint, the investigating officer shall either dismiss it if he finds no ground to continue with the investigation, or issue a subpoena to the respondent attaching to it a copy of the complaint and its supporting affidavits and documents.

a. The respondent shall have the right to examine the evidence submitted by the complainant which he may not have been furnished and to copy them at his expense. If the evidence is voluminous, the complainant may be required to specify those which he intends to present against the respondent, and these shall be made available for examination or copying by the respondent at his expense.

b. Objects as evidence need not be furnished a party but shall be made available for examination, copying, or photographing at the expense of the requesting party.

3. Within ten (10) days from receipt of the subpoena with the complaint and supporting affidavits and documents, the respondent shall submit his counter-affidavit and that of his witnesses and other supporting documents relied upon for his defense.

a. The counter-affidavits shall be subscribed and sworn to and certified as provided in paragraph (a) of this section, with copies thereof furnished by him to the complainant. The respondent shall not be allowed to file a motion to dismiss in lieu of a counter-affidavit.

4. If the respondent cannot be subpoenaed, or if subpoenaed, does not submit counter-affidavits within the ten (10) day period, the investigating office shall resolve the complaint based on the evidence presented by the complainant.

5. The investigating officer may set a hearing if there are facts and issues to be clarified from a party or a witness. The parties can be present at the hearing but without the right to examine or cross-examine. They may, however, submit to the investigating officer questions which may be asked to the party or witness concerned.

a. The hearing shall be held within ten (10) days from submission of the counter-affidavits and other documents or from the expiration of the period for their submission. It shall be terminated within five (5) days.

6. Within ten (10) days after the investigation, the investigating officer shall determine whether or not there is sufficient ground to hold the respondent for trial.

Section 4. Resolution of investigating prosecutor and its review . General Rule: If the investigating prosecutor finds cause to hold the respondent for trial, he shall prepare the resolution and information.

He shall certify under oath in the information that he, or as shown by the record, an authorized officer, has personally examined the complainant and his witnesses;

That there is reasonable ground to believe that a crime has been committed and that the accused is probably guilty thereof;

That the accused was informed of the complaint and of the evidence submitted against him;

And that he was given an opportunity to submit controverting evidence.Otherwise, he shall recommend the dismissal of the complaint.

Within 5 days from his resolution, he shall forward the record of the case: to the provincial or city prosecutor or chief state prosecutor, or to the Ombudsman or his deputy in cases of offenses cognizable by the

Sandiganbayan in the exercise of its original jurisdiction. They shall act on the resolution within ten (10) days from their receipt

thereof and shall immediately inform the parties of such action.

No complaint or information may be filed or dismissed by an investigating prosecutor without the prior written authority or approval of the provincial or city prosecutor or chief state prosecutor or the Ombudsman or his deputy.

Where the investigating prosecutor recommends the dismissal of the complaint but his recommendation is disapproved by the provincial or city prosecutor or chief state prosecutor or the Ombudsman or his deputy on the ground that a probable cause exists, the latter may, by himself, file the information against the respondent, or direct another assistant prosecutor or state prosecutor to do so without conducting another preliminary investigation.

If upon petition by a proper party under such rules as the Department of Justice may prescribe or motu propio, the Secretary of Justice reverses or modifies the resolution of the provincial or city prosecutor or chief state prosecutor, he shall direct the prosecutor concerned either to file the corresponding information without conducting anther preliminary investigation, or to dismiss or move for dismissal of the complaint or information with notice to the parties. The same rule shall apply in preliminary investigations conducted by the officers of the Office of the Ombudsman.

Section 5. Resolution of investigating judge and its review . General Rule: Within 10 days after the preliminary investigation, the investigating judge shall transmit the resolution of the case to the provincial or city prosecutor, or to the Ombudsman or his deputy in cases of offenses cognizable by the Sandiganbayan in the exercise of its original jurisdiction, for appropriate action.

The resolution shall state the findings of facts and the law supporting his action, together with the record of the case which shall include the following:

warrant, if the arrest is by virtue of a warrant; affidavits, counter-affidavits and other supporting evidence of the parties; undertaking or bail of the accused and the order for his release; transcripts of the proceedings during the preliminary investigation; and the order of cancellation of his bail bond, if the resolution is for the dismissal

of the complaint.

Within thirty (30) days from receipt of the records, the provincial or city prosecutor, or the Ombudsman or his deputy, as the case may be, shall review the resolution of the investigating judge on the existence of probable cause.

Their ruling shall expressly and clearly state the facts and the law on which it is based and the parties shall be furnished with copies thereof.

They shall order the release of an accused who is detained if no probable cause is found against him.

Sec. 6. When warrant of arrest may issue . 1. By the Regional Trial Court.

a. Within ten (10) days from the filing of the complaint or information, the judge shall personally evaluate the resolution of the prosecutor and its supporting evidence.

b. He may immediately dismiss the case if the evidence on record clearly fails to establish probable cause. If he finds probable cause, he shall issue

a warrant of arrest, or a commitment order if the accused has already been arrested pursuant to a warrant issued by the judge who conducted the preliminary investigation or when the complaint or information was filed pursuant to section 7 of this Rule.

c. In case of doubt on the existence of probable cause, the judge may order the prosecutor to present additional evidence within five (5) days from notice and the issue must be resolved by the court within thirty (30) days from the filing of the complaint of information.

2. By the Municipal Trial Court. a. When required pursuant to the second paragraph of section of this Rule,

the preliminary investigation of cases falling under the original jurisdiction of the Metropolitan Trial Court, Municipal Trial Court in Cities, Municipal Trial Court, or Municipal Circuit Trial Court may be conducted by either the judge or the prosecutor.

i. When conducted by the prosecutor, the procedure for the issuance of a warrant of arrest by the judge shall be governed by paragraph (a) of this section.

ii. When the investigation is conducted by the judge himself, he shall follow the procedure provided in section 3 of this Rule. If his findings and recommendations are affirmed by the provincial or city prosecutor, or by the Ombudsman or his deputy, and the corresponding information is filed, he shall issue a warrant of arrest. However, without waiting for the conclusion of the investigation,

the judge may issue a warrant of arrest if he finds after an examination in writing and under oath of the complainant and his witnesses in the form of searching questions and answers, that a probable cause exists and that there is a necessity of placing the respondent under immediate custody in order not to frustrate the ends of justice.

3. When warrant of arrest not necessary. a. If the accused is already under detention pursuant to a warrant issued by

the municipal trial court in accordance with paragraph (b) of this section, b. If the complaint or information was filed pursuant to section 7 of this Rule

or is for an offense penalized by fine only. c. The court shall them proceed in the exercise of its original jurisdiction.

Section 7. When accused lawfully arrested without warrant. General Rule: When a person is lawfully arrested without a warrant involving an offense which requires a preliminary investigation:

The complaint or information may be filed by a prosecutor without need of such investigation provided an inquest has been conducted in accordance with existing rules.

In the absence or unavailability of an inquest prosecutor, the complaint may be filed by the offended party or a peace officer directly with the proper court on the basis of the affidavit of the offended party or arresting officer or person.

Before the complaint or information is filed, the person arrested may ask for a preliminary investigation in accordance with this Rule, but he must sign a waiver of

the provision of Article 125 of the RPC, as amended, in the presence of his counsel. Notwithstanding the waiver, he may apply for bail and the investigation must be terminated within fifteen (15) days from its inception.

After the filing of the complaint or information in court without a preliminary investigation, the accused may, within 5 days from the time he learns of its filing, ask for a preliminary investigation with the same right to adduce evidence in his defense as provided in this Rule.

Section 8. Records . 1. Records supporting the information or complaint

a. An information or complaint filed in court shall be supported by the affidavits and counter-affidavits of the parties and their witnesses, together with the other supporting evidence and the resolution on the case.

2. Record of preliminary investigation. a. The record of the preliminary investigation, whether conducted by a judge

or a prosecutor, shall not form part of the record of the case. b. However, the court, on its own initiative or on motion of any party, may

order the production of the record or any of its part when necessary in the resolution of the case or any incident therein, or when it is to be introduced as an evidence in the case by the requesting party.

Section 9. Cases not requiring a preliminary investigation nor covered by the Rule on Summary Procedure . 1. If filed with the prosecutor.

a. If complaint is filed directly with the prosecutor involving an offense punishable by imprisonment of less than 4Y, 2M, 1D:

i. The procedure outlined in section 3(a) of this Rule shall be observed. The prosecutor shall act on the complaint based on the affidavits and other supporting documents submitted by the complainant within ten (10) days from its filing.

2. If filed with the Municipal Trial Court. a. If the complaint or information is filed with the Municipal Trial Court or

Municipal Circuit Trial Court for an offense covered by this section, the procedure in section 3 (a) of this Rule shall be observed.

b. If within ten (10) days after the filing of the complaint or information, the judge finds no probable cause after personally evaluating the evidence, or after personally examining in writing and under oath the complainant and his witnesses in the form of searching questions and answers, he shall dismiss the same.

c. He may, however, require the submission of additional evidence, within 10 days from notice, to determine further the existence of probable cause.

i. If the judge still finds no probable cause despite the additional evidence, he shall, within 10 days from its submission or expiration of said period, dismiss the case.

ii. When he finds probable cause, he shall issue a warrant of arrest, or a commitment order if the accused had already been arrested, and hold him for trial. However, if the judge is satisfied that there is no

necessity for placing the accused under custody, he may issue summons instead of a warrant of arrest.

ARRESTRULE 113

Section 1. Definition of arrest. Definition: Arrest is the taking of a person into custody in order that he may be bound to answer for the commission of an offense.

Section 2. Arrest; how made . An arrest is made:

By an actual restraint of a person to be arrested, or; By his submission to the custody of the person making the arrest. No violence or unnecessary force shall be used in making an arrest.

o The person arrested shall not be subject to a greater restraint than is necessary for his detention.

Section 3. Duty of arresting officer . It shall be the duty of the officer executing the warrant to arrest the accused and deliver him to the nearest police station or jail without unnecessary delay.

Sec. 4. Execution of warrant . The head of the office to whom the warrant of arrest was delivered for execution shall cause the warrant to be executed within 10 days from its receipt.

Within 10 days after the expiration of the period, the officer to whom it was assigned for execution shall make a report to the judge who issued the warrant.

o In case of his failure to execute the warrant, he shall state the reason therefore.

Section 5. Arrest without warrant; when lawful . A peace officer or a private person may, without a warrant, arrest a person:1. When, in his presence, the person to be arrested has committed, is actually

committing, or is attempting to commit an offense;2. When an offense has just been committed and he has probable cause to believe

based on personal knowledge of facts or circumstances that the person to be arrested has committed it; and

3. When the person to be arrested is a prisoner who has escaped from a penal establishment or place where he is serving final judgment or is temporarily confined while his case is pending, or has escaped while being transferred from one confinement to another.

In cases falling under paragraphs 1 and 2 above, the person arrested without a warrant shall be forthwith delivered to the nearest police station or jail and shall be proceeded against in accordance with section 7 of Rule 112.

Section 6. Time of making arrest. General Rule: An arrest may be made on any day and at any time of the day or night.

Section 7. Method of arrest by officer by virtue of warrant.

General Rule: When making an arrest by virtue of a warrant, the officer shall inform the person to be arrested of the cause of the arrest and the fact that a warrant has been issued for his arrest.

EXCEPTION: When he flees or forcibly resists before the officer has opportunity to so inform him, or when the giving of such information will imperil the arrest.

The officer need not have the warrant in his possession at the time of the arrest but after the arrest, if the person arrested so requires, the warrant shall be shown to him as soon as practicable.

Section 8. Method of arrest by officer without warrant . General Rule: When making an arrest without a warrant, the officer shall inform the person to be arrested of his authority and the cause of the arrest.

EXCEPTIONS: o When latter is either engaged in the commission of an offense, o is pursued immediately after its commission, o has escaped, flees, or forcibly resists before the officer has opportunity

to so inform him, o or when the giving of such information will imperil the arrest.

Section 9. Method of arrest by private person. General Rule: When making an arrest, a private person shall inform the person to be arrested of the intention to arrest him and the case of the arrest.

EXCEPTIONS: o If the latter is either engaged in the commission of an offense, o is pursued immediately after its commission, o or has escaped, flees, or forcibly resists before the person making the

arrest has opportunity to so inform him, o or when the giving of such information will imperil the arrest.

Section 10. Officer may summon assistance . An officer making a lawful arrest may orally summon as many persons as he deems necessary to assist him in effecting the arrest. Every person so summoned by an officer shall assist him in effecting the arrest when he can render such assistance without detriment to himself. Section 11. Right of officer to break into building or enclosure . An officer, in order to make an arrest either by virtue of a warrant, or without a warrant as provided in section 5, may break into any building or enclosure where the person to be arrested is or is reasonably believed to be, if he is refused admittance thereto, after announcing his authority and purpose.

Section 12. Right to break out from building or enclosure. Whenever an officer has entered the building or enclosure in accordance with the preceding section, he may break out therefrom when necessary to liberate himself.

Section 13. Arrest after escape or rescue .

If a person lawfully arrested escapes or is rescued, any person may immediately pursue or retake him without a warrant at any time and in any place within the Philippines.

Sec. 14. Right of attorney or relative to visit person arrested. Any member of the Philippine Bar shall, at the request of the person arrested or of another acting in his behalf, have the right to visit and confer privately with such person in the jail or any other place of custody at any hour of the day or night. Subject to reasonable regulations, a relative of the person arrested can also exercise the same right.

BAILRULE 114

Section 1. Bail defined. Definition: Bail is the security given for the release of a person in custody of the law, furnished by him or a bondsman, to guarantee his appearance before any court as required under the conditions hereinafter specified. Bail may be given in the form of corporate surety, property bond, cash deposit, or recognizance.

Section 2. Conditions of the bail; requirements . All kinds of bail are subject to the following conditions:1. The undertaking shall be effective upon approval, and unless cancelled, shall

remain in force at all stages of the case until promulgation of the judgment of the Regional Trial Court, irrespective of whether the case was originally filed in or appealed to it;

2. The accused shall appear before the proper court whenever required by the court of these Rules;

3. The failure of the accused to appear at the trial without justification and despite due notice shall be deemed a waiver of his right to be present thereat. In such case, the trial may proceed in absentia; and

4. The bondsman shall surrender the accused to the court for execution of the final judgment.

The original papers shall state:1. Full name and address of the accused, 2. Amount of the undertaking and the conditions required by this section.3. Photographs (passport size) taken within the last six (6) months showing the

face, left and right profiles of the accused must be attached to the bail.   Section 3. No release or transfer except on court order or bail. General Rule: No person under detention by legal process shall be released or transferred.

EXCEPTION: Upon order of the court or when he is admitted to bail.

Sec. 4. Bail, a matter of right; exception . All persons in custody shall be admitted to bail as a matter of right, with sufficient sureties, or released on recognizance as prescribed by law or this Rule:

Before or after conviction by the Metropolitan Trial Court, Municipal Trial Court, Municipal Trial Court in Cities, or Municipal Circuit Trial Court, and

Before conviction by the Regional Trial court of an offense not punishable by death, reclusion perpetua, or life imprisonment.

Section 5. Bail, when discretionary . Bail is discretionary upon conviction by the Regional Trial Court of an offense not punishable by:

Death reclusion perpetua, or life imprisonment

The application for bail may be filed and acted upon by the trial court despite the filing of a notice of appeal.

Provided it has not transmitted the original record to the appellate court. However, if the decision of the trial court conviction the accused changed

the nature of the offense from non-bailable to bailable, the application for bail can only be filed with and resolved by the appellate court.

   Should the court grant the application, the accused may be allowed to continue on provisional liberty during the pendency of the appeal under the same bail subject to the consent of the bondsman.

   If the penalty imposed by the trial court is imprisonment exceeding 6 years, the accused shall be denied bail, or his bail shall be cancelled upon a showing by the prosecution, with notice to the accuse, of the following or other similar circumstances:

a. That he is a recidivist, quasi-recidivist, or habitual delinquent, or has committed the crime aggravated by the circumstance of reiteration;

b. That he has previously escaped from legal confinement, evaded sentence, or violated the conditions of his bail without valid justification;

c. That he committed the offense while under probation, parole, or conditional pardon;

d. That the circumstances of his case indicate the probability of flight if released on bail; or

e. That there is undue risk that he may commit another crime during the pendency of the appeal.

   The appellate court may, motu proprio or on motion of any party, review the resolution of the Regional Trial Court after notice to the adverse party in either case.

Section 6. Capital offense defined. A capital offense is an offense which, under the law existing at the time of its commission and of the application for admission to bail, may be punished with death.

Section 7. Capital offense or an offense punishable by reclusion perpetua or life imprisonment, not bailable . No person charged with a capital offense, or an offense punishable by reclusion perpetua or life imprisonment, shall be admitted to bail when evidence of guilt is strong, regardless of the state of the criminal prosecution

Section 8. Burden of proof in bail application . At the hearing of an application for bail filed by a person who is in custody for the commission of an offense punishable by death, reclusion perpetua, or life imprisonment, the prosecution has the burden of showing that evidence of guilt is strong.

General Rule: The evidence presented during the bail hearing shall be considered automatically reproduced at the trial but, upon motion of either party, the court may recall any witness for additional examination.

EXCEPTIONS:o If the latter is deado Outside the Philippineso Otherwise unable to testify